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Keywords

lawsuitplaintiffstatuteappealmotion

plaintiffmotion

Related Cases

Davis v. Electronic Arts Inc., 775 F.3d 1172, 113 U.S.P.Q.2d 1341, 43 Media L. Rep. 1073, 15 Cal. Daily Op. Serv. 128, 2015 Daily Journal D.A.R. 229

Facts

Former professional football players brought a lawsuit against Electronic Arts (EA), the developer of the Madden NFL video game series, claiming that EA used their likenesses without authorization. The players asserted a right of publicity claim under California law, arguing that their images were used in a manner that violated their rights. EA moved to strike the complaint under California's anti-SLAPP statute, but the district court denied the motion, leading to EA's appeal. The case centers on whether EA's use of the players' likenesses is protected by the First Amendment.

The plaintiffs alleged that Madden NFL similarly includes, without authorization, accurate likenesses of plaintiffs Michael Davis and Billy Joe Dupree, as well as roughly 6,000 other former NFL players who appear on more than 100 historic teams in various editions of Madden NFL.

Issue

Whether EA's use of former players' likenesses in its video games is protected by the First Amendment and whether the players' right of publicity claims can proceed under California law.

Rule

California's anti-SLAPP statute allows for the dismissal of meritless claims that seek to chill free speech. To defeat a motion to strike, a plaintiff must show a reasonable probability of prevailing on their claims, which requires a legally sufficient complaint supported by a prima facie showing of facts. The transformative use defense requires that the work adds significant creative elements beyond mere celebrity likeness. The public interest defense protects publications in the public interest, while the incidental use defense applies when a person's likeness is used in a way that is not central to the work's purpose.

Analysis

The court found that EA's use of the players' likenesses did not meet the transformative use standard, as the video game replicated the players' physical characteristics without adding significant creative elements. The court also determined that the public interest defense did not apply, as EA's game was not a publication of factual data but rather a commercial product. Furthermore, the incidental use defense was not established, as the players' likenesses were central to the game's purpose of creating a realistic football simulation.

EA has not shown that its unauthorized use of former players' likenesses in the Madden NFL video game series qualifies for First Amendment protection under the transformative use defense, the public interest defense, the Rogers test or the incidental use defense.

Conclusion

The Court of Appeals affirmed the district court's denial of EA's motion to strike, concluding that the players' right of publicity claims could proceed.

Accordingly, we affirm the district court's denial of EA's motion to strike.

Who won?

The former professional football players prevailed in this case as the court upheld the denial of EA's motion to strike their claims. The court reasoned that EA failed to demonstrate a probability of prevailing on any of its affirmative defenses, including transformative use, public interest, and incidental use. The court emphasized that the players' likenesses were integral to the game's commercial purpose, and thus, the players had a valid claim under California's right of publicity laws.

The former professional football players prevailed in this case as the court upheld the denial of EA's motion to strike their claims.

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